Md. Aadil @ Md. Aadil Hussain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69610 of 2019 Arising Out of PS. Case No.-164 Year-2019 Thana- ARA MUFFSIL District- Bhojpur ====================================================== 1.

MD. AADIL @ MD. AADIL HUSSAIN Son of Md. Ali Resident of Village - Daroga Chakiya, P.S. - Aarha (M), District - Bhojpur. 2.

Laddu @ Aman Hussain @ Arman Hussain Son of Late Mahmud Aadam Resident of Village - Daroga Chakiya, P.S. - Aarha (M), District - Bhojpur. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sudhir Kumar Singh For the Opposite Party/s :

Ms.Veena Rani Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 05-03-2020 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 147, 148, 149, 341, 342, 323 and 307 of the Indian Penal Code registered in connection with Ara (M) P.S. Case No. 164 of 2019.

3. It is submitted that the petitioners have been falsely implicated and the present FIR has been lodged in retaliation to an earlier FIR in Ara(M) P.S. Case No. 2 of 2019 in which the informant was also subsequently made accused. The accusation of assault is general and omnibus and in any event no injury has been caused to anyone. The petitioners claim clean antecedents.

4. Be that as it may, in the event of the petitioners' arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioners' be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned CJM, Ara, in connection with Ara (M) P.S. Case No. 164 of 2019,

Patna High Court CR. MISC. No.69610 of 2019(4) dt.05-03-2020 2/2 subject to the conditions as laid down under Section 438 (2) Cr.P.C. and also subject to the following further conditions: i. That one of the bailors shall be a close relative of the petitioners. ii. That the petitioners shall not indulge in any similar offence till conclusion of the trial.

iii. That the petitioners shall co-operate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

iv. The petitioners shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Chandran/- U T